UK Landlord Forum / Life

Due to a recent spate of problems with "socially housed/DSS" and student tenants, we are looking to table a motion at the next AGM to ban such tenants from our block, if the voting goes that way, by amending the leases. However, would this be legal or would it count as discrimination?

To give some background, this is a block of 10 flats where all the flat owners have a share of the freehold. Some flats are rented out, some just have the owners living there. The block is mostly professional working people over 30, so is simply not suited to student tenants who want to make noise into the early hours when others are trying to sleep ahead of an early start for their 9-5 grind.

Thanks in advance.

Assuming that the adverts stating no DSS Pets Students Gingers Gays are legal then I assume that this is fine legally to do.

Councils are obliged to pay people directly though, so a tenant does not have to disclose they are getting HB.

I think given your joint liabilities a professional should be employed.

Tabling the motion, I think, would be fine... you'd have to get everyone (or enough) to agree with it, though. I used to live in an apartment block - it was 388 apartments, though - and it was touted (sales brochure) as being for the professional population of my city only... it wasn't. It quickly became a student block because there were plenty of non-resident Landlords in there and Landlords don't want empty properties, do they? Landlords want occupied properties and if it's students who are making all the enquiries then it's students who'll start populating the building. Rather than an outright ban (which might be on dodgy ground anyway) maybe you'd be better getting all the owners together and trying to persuade those that are non-resident Landlords to aim 'higher' as it were? Please don't expect them to care too much, though, they won't. At least it's not like my apartment block where that was, frankly, impossible due to the number of individuals involved... you're only talking about 10, maximum, here.

That said, you already say it's mostly professionals... so the minority must be making quite a disturbance. It also needs to be asked - politely - who are you to decide that it's simply not suitable for these types? Maybe the times are a-changing and the professional types like you will be edged-out over time. This is not me being challenging, it's exactly what happened with me in my apartment, eventually I left and now I rent it out... to students. They took over!

Soylent Green is people!

Thanks guys,

Yes, who I am to suggest what type of person is best for the block? Well, I am only suggesting and it will be up to a democratic vote at the AGM for everyone to decide jointly. I know the residents and owners quite well so I don't think anyone will vote against the motion - even the owner who currently has the "problem" tenant. In the long run its causing her just as much headache as everyone else.

As for banning "Gingers, Gays", I assume that is some sort of disgusting joke. Being ginger or gay is a biological attribute.... being on benefits is a financial situation. Lets not get mixed up.

Moi?

Mix up a biological trait with financial position, educational aspirations or background, and ability to live in harmony with ones neighbors...

Never.

Call someone "disgusting"  on your second post, yeah baby, you got that MOFO covered.

Quote from: Rowan on July 26, 2014, 12:41:30 PMIn the long run its causing her just as much headache as everyone else.

It sounded, at first, like you were being overrun with undesirables... but the clarity you've added implies it's only one of the flats. The question is - is the headache being caused (for her) by the Tenant or by the complaints about the Tenant? One is a slightly different thing to the other... even though it's the same root cause, I am thinking that the Tenant's behaviour might not cause the Landlord a headache if no-one was complaining about it? Anyway... best bet is to try out your motion.

I'm not an overly argumentative type... but, as a Landlord, I might be offended by a group of other owners coming to me and telling me I need to get shot of my Tenant because of their position in life (especially if I, personally, had had no issues and the Tenant was paying me rent)... so I'd urge sensitivity to avoid this poor Landlord feeling like they're being ganged-up on.

Well to ban students could be become difficult. I would seen this as discrimination based on age. In the last years the decision of the highest courts changed more and more to see things discriminating that they aren't.
My guess would be the next the question for children and seen this as sexual discrimination.

I ask for that reason not if they are student, I ask for their income and job.

Completely agree with Tom Tom Tom here.

The category someone is beiing pidgeon-holed into is not the reason to refuse them tenancy, it is their behaviour.  Deal with the behaviour by having the relevant clauses addes to the contract. 

I dont necessarily see your proposal as being discriminatory (god knows we have too much PC already), I just think you are missing the point by not establishing the correct criteria to choose your tenants.